State of Himachal Pradesh vs Chanderbhan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 424

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Chanderbhan – Respondent

Advocates Appeared:
For the Appellant :Mr. Ajit Sharma, Deputy Advocate General.
For the Respondents:Mr. Surender Sharma, Advocate

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 23.12.2013 passed by learned Judicial Magistrate, First Class, Baijnath, Distt. Kangra, HP (learned Trial Court) vide which, the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Sections 323 and 325 read with Section 34 of the Indian Penal Code (IPC). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 323 and 325, read with Section 34 of the IPC. It was asserted that the informant, Radha Krishan (PW-4), was present in his home on 07.09.2011. The accused Mani Ram and Chanderbhan came to his house at about 8:00 pm and started abusing him without any reason. The informant enquired from the accused the reason for the abuse. The accused, Mani Ram and Chanderbhan, gave him beatings with fist and a stick. The informant and Inderjeet Singh (PW-5) sus